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West Link Toll Bridge Limited & National Toll Roads

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Appeal No. VA94/2/025 - VA94/2/033 AN BINSE LUACHÁLA VALUATION TRIBUNAL AN tACHT LUACHÁLA, 1988 VALUATION ACT, 1988 West Link Toll Bridge Limited and National Toll Roads Plc APPELLANTS and Commissioner of Valuation RESPONDENT and South Dublin County Council and Fingal County Council NOTICE PARTY RE: Tolls of Toll Road (Part of) at (1) VA94/2/025 - Townland: Palmerstown Upper, E.D. Palmerston West, R.D. South Dublin. RV - £60. (2) VA94/2/026 - Townland: Brooklawn, E.D. Palmerstown West, R.D. South Dublin. RV - £275. (3) VA94/2/027 - Townland: Palmerstown Lower, E.D. Palmerstown West, R.D. South Dublin. RV - £1,395. (4) VA94/2/029 - Townland: Astagob, E.D. Castleknock - Knockmaroon, R.D. Dublin - Fingal. RV - £325. (5) VA94/2/030 - Townland: Castleknock, E.D. Castleknock Park, R.D. Dublin - Fingal. RV - £1,165. (6) VA94/2/031 - Townland: Blanchardstown, E.D. Castleknock - Knockmaroon, R.D. Dublin - Fingal. RV - £705. (7) VA94/2/032 - Townland: Castleknock, E.D. Castleknock - Knockmaroon, R.D. Dublin - Fingal. RV - £2,755. (8) VA94/2/033 - Townland: Diswellstown, E.D. Castleknock - Knockmaroon, R.D. Dublin - Fingal. RV - £2,820. (9) VA94/2/028 - Offices at Map Ref: 12Ca, Townland: Diswellstown, E.D. Castleknock - Knockmaroon, R.D. Dublin - Fingal. RV - £80. Co. Dublin 2 Rateable Occupation and quantum B E F O R E Paul Butler S.C. (Acting Chairman) Mary Devins Solicitor Brid Mimnagh Solicitor JUDGMENT OF THE VALUATION TRIBUNAL ISSUED ON THE 4TH DAY OF OCTOBER, 1995 By Notices of Appeal dated the 27th day of July, 1994 the appellant appealed against the determination of the Commissioner of Valuation in fixing a rateable valuation of £9,580 in total on the above described hereditaments. The grounds of appeal as set out in the Notices of Appeal are that: "1. The Toll Road is a public road and as such is dedicated to and used exclusively for public purposes and is therefore not a rateable hereditament. 2. The tolls referred to in the Valuation List, being the tolls of a public road are not rateable hereditaments, nor are any structures (including office, car park and stores) erected and maintained for the collection of such tolls or necessary for the operation of the Toll Scheme made by Dublin County Council on the 10th June 1985 and approved by the Minister for the Environment on the 22nd December 1986, rateable hereditaments. 3. The Commissioner of Valuation failed to distinguish the said hereditaments as being of a public nature and occupied for a public purpose or service. 4. The appellants do not derive any private profit or use from the said hereditaments. 5. The appellants are not occupiers of all of the said hereditaments nor any of them. 6. The said valuations have not been made in accordance with Article 37, Paragraph M of the Adaptation of Irish Enactments Order 1899 and are therefore, invalid, void and of no effect. 7. The valuations are excessive and inequitable. 8. The said valuations have been made by the Commissioner of Valuation upon a wrong principle and contrary to law. 9. The valuations were carried out contrary to natural justice and in an arbitrary manner. 10. The appeal to the Commissioner of Valuation (the 'First Appeal') was carried out in a manner contrary to natural justice and arbitarily in that the Commissioner ignored the repeal of Section 23 of the Valuation (Ireland) Act 1852, and the onus thereby placed upon him of demonstrating the correctness of his valuation to the appellant or his duly authorised Agent. 11. The description of the hereditaments are not reconcilable with the request for review submitted by the Rating Authority." 3 The Property: The Toll Road is a four lane carriageway (two each direction), which widens to ten lanes (five each direction) on either side of the Toll Collection buildings. It includes a high level bridge across the River Liffey. The Toll Road, the source of the 'Tolls of Toll Road' is known as the Western Parkway Toll Facility or 'West Link'. It is located west of Dublin city and extends from the roundabout on the Galway Road (N4) at Palmerstown to the Navan Road (N3) at Castleknock, an approximate length of 3.2km in all. It is proposed to eventually form part of the entire Western Parkway from the Belfast Road, north of Dublin city to the Wexford Road, south of Dublin city. The Toll Plaza (VA94/2/028) is located on the Toll Road in the townland of Diswellstown, north of the bridge over the River Liffey. The Toll Plaza is a three storey over basement construction with the following accommodation:- (a) Basement: Cash Strongroom, Passageway and Employees Canteen (b) Ground Floor: Toll Collection Booths, General Office/Control Room and Private Office/Computer Room. (c) First Floor: Offices and Toilets (d) Second Floor: Reception Area, 2 Private Offices, Boardroom, Staff Canteen and Toilets The basement, ground floor and all but one office on the first floor are used exclusively for the operation of West Link Toll Bridge Limited. The remainder is occupied by National Toll Roads Plc and is surplus to the requirements of West Link Toll Bridge Limited. Both East Link and West Link Toll Bridge Limited are subsidiaries of National Toll Roads Plc and certain personnel serve one or more firms. Valuation History: March 1990 : Valuation of the hereditaments was requested by Dublin County Council. November 1991 : Following inspection of the Works the rateable valuations were fixed and issued to Dublin County Council. The hereditaments were as follows:- (a) District Electoral Division: Castleknock - 4 Knockmaroon Townlands: Astagob, Blanchardstown, Carpenterstown, Castleknock and Diswellstown. Occupier: West Link Toll Bridge Limited Description: Tolls of Toll Road (Part of) Rateable Valuation: £5,950 (b) District Electoral Division: Castleknock - Knockmaroon Townland: Diswellstown Occupier: West Link Toll Bridge Limited Description: Offices, Store & Car park Rateable Valuation: £220 (c) District Electoral Division: Castleknock Park Townland: Castleknock Occupier: West Link Toll Bridge Limited Description: Tolls of Toll Road (Part of) Rateable Valuation: £900 (d) District Electoral Division: Palmerstown West Townlands: Brooklawn, Palmerstown Lower, Palmerstown Upper Occupier: West Link Toll Bridge Limited Description: Tolls of Toll Road (Part of) Rateable Valuation: £2,650 December 1991 : The appellant was aggrieved by this Revision and appealed to the Commissioner of Valuation. May 1992 : Valuation Office requested, from appellant's agent, submissions in support of the grounds of appeal. July 1992 : Submission received from appellant's agent, Gerrard Scallan & O'Brien, Solicitors. February 1994 :Mr. Aylward deputed to inspect the hereditament and to investigate the grounds of appeal. June 1994 : At First Appeal the Commissioner of Valuation amended the rateable valuations as follows:- (a) District Electoral Division: Castleknock - 5 Knockmaroon Townlands: Astagob Occupier: West Link Toll Bridge Limited Description: Tolls of Toll Road (Part of) Rateable Valuation: £325 (VA94/2/029) (b) District Electoral Division: Castleknock - Knockmaroon Townlands: Blanchardstown Occupier: West Link Toll Bridge Limited Description: Tolls of Toll Road (Part of) Rateable Valuation: £705 (VA94/2/031) (c) District Electoral Division: Castleknock - Knockmaroon Townlands: Castleknock Occupier: West Link Toll Bridge Limited Description: Tolls of Toll Road (Part of) Rateable Valuation: £2,755 (VA94/2/032) (d) District Electoral Division: Castleknock - Knockmaroon Townlands: Diswellstown Occupier: West Link Toll Bridge Limited Description: Tolls of Toll Road (Part of) Rateable Valuation: £2,820 (VA94/2/033) (e) District Electoral Division: Castleknock - Knockmaroon Townlands: Diswellstown Occupier: National Toll Roads Plc Description: Offices Rateable Valuation: £80 (VA94/2/028) (f) District Electoral Division: Castleknock Park Townlands: Castleknock Occupier: West Link Toll Bridge Limited Description: Tolls of Toll Road (Part of) Rateable Valuation: £1,165 (VA94/2/030) (g) District Electoral Division: Palmerstown West Townlands: Palmerstown Lower Occupier: West Link Toll Bridge Limited 6 Description: Tolls of Toll Road (Part of) Rateable Valuation: £60 (VA94/2/025) (h) District Electoral Division: Palmerstown West Townlands: Brooklawn Occupier: West Link Toll Bridge Limited Description: Tolls of Toll Road (Part of) Rateable Valuation: £275 (VA94/2/026) (i) District Electoral Division: Palmerstown West Townlands: Palmerstown Upper Occupier: West Link Toll Bridge Limited Description: Tolls of Toll Road (Part of) Rateable Valuation: £1,395 (VA94/2/027) July 1994 : Appellant lodged an appeal with the Tribunal against the determinations of the Commissioner of Valuation. Written Submissions: 1. Appellant: Mr. Bryan J. Strahan of Messrs. Gerrard Scallan & O'Brien acting on behalf of the appellants presented a copy of proposed submissions by Counsel on 28th November 1994. In addition a report entitled "Traffic and Revenue Expectations 1990" was submitted to the Tribunal on 2nd February 1995, together with a map of Westlink Toll Bridge indicating connections to local road network. On 19th April 1995 the Tribunal received further submissions on behalf of Westlink Toll Bridge and a written précis of evidence from Donal O'Buachalla of Donal O'Buachalla & Company Limited. Closing submissions were handed in at the hearing on 31st July 1995 by Richard Cooke, S.C. on behalf of the appellant. In the submission dated the 28th November 1994, the appellant submitted that the road, the subject of the present appeal was a public road constructed in pursuance of the said agreement within the meaning of the Local Government (Road & Motorways) Act, 1974 and the Local Government (Toll Roads) Act, 1979. (1) The effect of the foregoing legislative and contractual provisions is to establish the roads, bridges and works constructed in pursuance of the said agreement as a public road within the meaning of the Local Government (Roads & Motorways) 7 Act, 1974, and the Local Government (Toll Roads) Act, 1979. (2) That the County Council of Fingal, as universal successor by statute to the Dublin County Council, is the road authority within the meaning of the said Acts with regard to the said road.
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